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I-140 rfe ( eb2 )

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  • I-140 rfe ( eb2 )

    Hi,

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    "SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,
    Raj..

  • #2
    Your oversight has raised red flag on your application, and that will be hard to overcome. Did your attorney and/or your employer review your affidavit ? I know it is after the fact, but the attorney should have caught that.

    If I were in this situation, I would have my attorney write a letter explaining the error, and providing a revised affidavit. I would also do so in a timely manner.

    I cant say if it will be approved, this depends on the strenght of your attorneys reply to the RFE.

    I wish you much sucess in this matter.

    Disclaimer: These are my personal opinions, not advice on your case, as I am neither an attorney nor have I had any experience with this kind of situation.
    Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

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    • #3
      Unless you get the progressive experience from the companies on their letter heads, this RFE is pretty much a done deal.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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